AI OCR 
TaxTMI 
TaxTMI 
TaxTMI 
2018 (9) TMI 1455
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...."). 2. The appellant was having 482 shares which have been allotted in lieu of the professional fee and that the respondent-Company was incorporated for the business of running hospital, nursing home, establishing medical stores and other matters connected therewith. The appellant was also working in professional capacity as a doctor in the respondent-Company being a renowned orthopedic surgeon. 3. The case of the appellant is that, as per ledger account maintained with the respondent-Company the unpaid professional fee as on 1.4.2015 and 23.2.2016 was Rs. 46,36,520/- and Rs. 35,44,918/-. He has also not paid the professional fee for operating 94 patients between 5.11.2012 to 17.3.2016 amounting to Rs. 34,50,000/-. On 23/06/2016, he had g....
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....Ltd. reported in AIR 1971 SC 2600, Mediquip Systems (P) Ltd. Vs. Proxima Medical System reported in (2005) 7 SCC 42, IBA Health (India) Pvt. Ltd. Vs. Info-Drive Systems SDN. BHD. Reported in (2010) 10 SCC 553, order dated 12.11.2014 of this Court in the matter of M/s. Alpha Packaging Ltd. Vs. M/s. Som Distelleries Ltd., passed in Company Petition No.15/1999, Resham Singh and Co. Ltd. Vs. Daewoo Motors India Ltd. reported in 2013(Vol.116) Company Cases 529 has held that the liability as pointed out by the appellant has been disputed by the respondent - Company. 8. The appellant was carrying out the operation with the aid of his own navigation machine or charge of the said navigation machine are recovered. The amount which has been claimed b....
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....matter of Mediquip Systems (P) Ltd. Vs. Proxima Medical System reported in (2005) 7 SCC 42 while considering the scope of expression "unable to pay its debts" under Section 433(e) of the Act, it has been held that the said expression is to be interpreted in commercial sense and machinery for winding up cannot be permitted to be utilised merely as means for realising debts due from a company. Clarifying the position, the Hon'ble Supreme Court held that if a debt is bonafide disputed and the defence is a substantial one, court will not wind up the company. In the matter of IBA Health (India) Pvt. Ltd. Vs. Info-Drive Systems SDN. BHD. reported in (2010) 10 SCC 553 the aforesaid position of law has been reiterated with further elaboration that ....
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....itioner had failed to prove that the condition of insolvency in the commercial sense in respect of respondent exists. Same is the position of law reiterated by the Delhi High Court in the matter of Resham Singh and Co. Ltd. Vs. Daewoo Motors India Ltd. reported in 2013(Vol.116) Company Cases 529 with further clarification that pendency of civil suit for realisation of amount does not oust jurisdiction of the Company Court. 10. On examining the present case in the light of the aforesaid position in law, it is noticed that the petitioner is claiming that there is unpaid professional fee of Rs. 46,36,520/- and 35,44,918/- as on 1.4.2015 and 23.2.2016 and an amount of Rs. 34,50,000/- is due for operating 94 patients and Rs. 20 Lakhs towards t....
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....isputed discrepancy alone is not sufficient to infer the debt or the inability to pay debt. 11. In absence of any document of admitted liability or any undisputed document reflecting the debt due, this Court is of the opinion that it would not be proper in the facts of the present case to invoke the provisions of Section 433 of the Companies Act for winding up of the respondent-company. Since the necessary ingredients as laid down and as discussed above in various judgments are not established in the present case, therefore, no case for winding up of the respondent - company under Section 433(e) & (f) is made out. 9. Learned counsel for the appellant has drawn our attention to the TDS Certificate and Income Tax Returns and submitted that....
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....to succeed in point of law and thirdly the company adduces prima facie proof of the facts on which the defence depends. The Apex Court in the case of Mediquip Systems (P) Ltd. Vs. Proxima Medical System(supra) has held that the scope of expression "unable to pay its debts" is to be interpreted in commercial sense and machinery for winding up cannot be permitted to be utilised merely as means for realising debts due from a company. The Apex Court has held that if a debt is bonafide disputed and the defence is a substantial one, court will not wind up the company. 13. In the present case, the account/ledger has been disputed by the respondent - company. The stand of the respondent - company is that no such amount is due and claim is false. I....